Oswald v. Wolf

Citations

• 126 Ill. 542

Syllabus

<p>1. Appeal—what matters to be considered—on appeal from Appellate Court. An appeal from the Appellate Court brings to this court only such matters as might lawfully have been considered in that court, and when that -court has dismissed the appeal to it for want of jurisdiction, that question only can be considered in this court. If this court finds that the Appellate Court had jurisdiction, correct practice requires that the order of dismissal be reversed, and the cause remanded to that court, with instruction's to find upon the issues of fact and render final judgment on the errors assigned, otherwise this court will affirm the order of dismissal.</p> <p>2. Same—want of jurisdiction—dismissal—as to any further action. Where the Appellate Court has no jurisdiction of an appeal, all it can do is to dismiss the same; and no mandate can issue from that court to the court below, and any attempt to issue the same will be void for want of jurisdiction.</p> <p>3. Same—whether freehold involved. Where the owner of land claims title in fee to the right of way over an adjoining tract, and files a bill to enjoin the defendant from interfering with its use, and to compel him to remove obstructions thereon, and his claim of title is denied by the defendant, a freehold will be involved, and the Appellate Court will have no jurisdiction of an appeal by the defendant from a decree granting the relief sought.</p> <p>4. An estate of inheritance in real property, whether it be a corporeal or an incorporeal hereditament, is a freehold estate.</p> <p>5. Same—former decision. The language employed in Lucan v. Cadwallader, 114 HI. 285, is broad enough to include inheritable easements or easements for the life of the grantee, and in holding that a freehold is not involved therein, is incorrect, and, in so far as inconsistent with the rule now announced, is not to be regarded as authority.</p> <p>6. Easement—grant of right of way—whether a mere easement, or a grant of the land. The owner